Deportations, Illegal Transfers of Children Constitute War Crimes, Violate Fourth Geneva Convention, Says Delegate
As the Russian Federation's war against Ukraine advances past the thousandth-day mark and ratchets up in intensity, it is "upending the lives of children", a senior United Nations official told the Security Council today, at a meeting in which speakers debated the findings of a recent investigation suggesting that Moscow has a programme facilitating the systematic transfer, adoption and naturalization of Ukrainian children.
"At the heart of our investigation is the discovery of three interconnected Russia-affiliated child placement databases in which children from Ukraine were placed as if they were an orphan from Russia," said Nathaniel Raymond, Executive Director, Humanitarian Research Lab, Yale School of Public Health, relaying the findings of "Russia's Systematic Program of Coerced Adoption and Fostering of Ukraine's Children", a report resulting from an investigation from the Conflict Observatory, a programme supported by the United States Department of State. Utilizing open-source data and commercially available satellite imagery, the inquiry identified 314 children from Ukraine that, following the Russian Federation's February 2022 full-scale invasion, have been placed in this systematic, Kremlin-directed programme of coerced adoption and fostering, he said, pointing out that, in one case, the database involved "was financially supported by [Russian Federation] President [Vladimir V.] Putin's office itself".
While the children identified thus far are believed to be from Donetsk and Luhansk oblasts, information indicates that children from Zaporizhzhia, Kherson and Kharkiv oblasts - areas captured by the Russian Federation after February 2022 - are also included in the programme, he went on, adding that the total number of forcibly adopted children cannot be determined from available data. However, he added that, according to online photos and commercially available satellite imagery, "President Putin's personal Presidential Air Wing and Russia's Aerospace forces transported the children from Ukraine into and within Russia in 2022", stating that 208 of the 314 children identified by the Lab have been placed with citizens of the Russian Federation through adoption or some form of permanent or temporary guardianship. Moreover, as many as 67 children have been formally naturalized as citizens, he said, stressing: "The naturalization of children originally from Ukraine as citizens of Russia is a core aspect of the entire operation."
Pointing to the use of Presidential declarations, among other procedural moves, to fast-track the renunciation of the children's citizenship in Ukraine and facilitate the issuance of Russian Federation citizenship to the children by proxies, including officials of the Ministry of Education, he stated that by deporting protected persons from Ukraine to the Russian Federation - an alleged war crime that Mr. Putin and [Presidential Commissioner for Children's Rights Maria] Lvova-Belova have already been indicted for by the International Criminal Court (ICC), they were also engaging in a higher order of alleged crime: Transfer of persons from one national or ethnic group to another, which can constitute a crime against humanity under the 1998 Rome Statute. Therefore, he called on Moscow to do what is "legally required" under the Geneva Conventions, and provide Ukraine, among other agencies, a list of the children it has taken, where they are at present, and document any changes to the children's personally identifiable information.
"The war is upending the lives of children," Catherine Russell, Executive Director of the United Nations Children's Fund (UNICEF) told Council members, recalling that the UN has verified that at least 2,406 children have been killed or injured since February 2022 - an average of two children every day. "Behind every number is a child with a name, a life story and loved ones, whose hopes and dreams have been shattered," she said. Outlining the plight of children and families who have been forced to retreat underground due to the continual risk of attacks, "sheltering in basements under blaring air sirens, fearing for their lives", she stated that such attacks have also led to a "staggering" scale of displacement, with nearly 3.6 million people displaced inside Ukraine, and as many as 6.7 million people now refugees.
Outlining the impact of damage to civilian infrastructure, she reported that 1,500 educational institutions and more than 660 health facilities have been damaged or destroyed during the war, noting that, in addition, recent multiplying attacks on energy infrastructure have reduced the country's electricity capacity to just half of what is required for the winter months. "With every passing day of war, more and more children will suffer, while facing the risk of life-long mental health consequences," she said, citing an assessment that found that a third of parents reported their children exhibiting signs of mental distress. In that context, she outlined UNICEF's efforts to provide mental-health and psychosocial support services to more than 630,000 Ukrainian children. As well, she called on Council members to protect children caught in the ongoing nightmare, underscoring that all parties to the conflict must abide by international law, and refrain from the use of explosive weapons in populated areas.
"When the lives and the rights of children are at stake, there must be no silent witnesses," declared Kateryna Rashevska, Legal Expert, Regional Center for Human Rights, stressing that, in addition to its previous grave violations against Ukrainian children during the conflict, which have twice landed Russian armed forces on the UN's so-called "list of shame", Moscow has illegally transferred 19,000 Ukrainian children "under the guise of evacuation". In some cases, these children ended up 8,000 kilometres from home, in Russian Federation orphanages or foster families, she said.
Children without Russian Federation documents in occupied territory face discrimination in accessing education and healthcare and are subject to military service, she continued, adding: "Each year, Russia, with the assistance of Belarus, displaces more than 40,000 Ukrainian children from the occupied territories to re-education camps that transform them into loyal patriots of Russia." One such camp in the Volgograd region is involved in pro-Russian militaristic initiatives such as tactical training and parachute jumping, she said, adding: "When countries that disregard the basic principles of [international law] to raise children as soldiers, it poses a grave threat" to Ukraine and global peace and security.
In the ensuing debate, Ukraine's representative reported that her Government is searching for 20,000 Ukrainian children subjected to illegal deportation and forced transfer, noting that the true number could be much higher, given statements by Ms. Lvova-Belova, who "boasted about 'settling' over 700,000 Ukrainian children" in the Russian Federation. Holding up a photocopy of two documents, belonging to 10-month-old Marharyta Prokopenko, forcibly deported from Kherson Children's Home and illegally transferred to Moscow, where she was adopted by Inna Varlamova, the wife of Russian political leader Sergyi Mironov, she declared: "They illegally adopted her. Changed her name. Falsified her birthplace." Such acts are "war crimes", she stressed, spotlighting, in this context, the "International Coalition for the Return of Ukrainian Children", an initiative by her country, with Canada. Recalling the deportation of children from Kherson Children's Home [in June 2023], she asked the Russian Federation's delegation: "You know exactly where they are. Stop tormenting them. Bring them back to Ukraine."
The true threat to Ukrainian children is that they will be used as "future cannon fodder" when older Ukrainians are no more, having been sent into the "senseless meat-grinder" by the "expired" Ukrainian leader [President Volodymyr Zelenskyy], countered the Russian Federation's representative. Underscoring that there is no programme for the forced transfer of children, nor a basis for allegations of forced naturalization, he said that, on the contrary, the new streamlined Russian Federation citizenship procedure provides opportunities for those wishing to adopt it for humanitarian reasons and does not require the renunciation of Ukrainian citizenship. Other accusations are "absurd and unsubstantiated", he stressed, stating that the United States is airing its "trite and refuted falsehoods" about abducted children to shift emphasis from its role in the escalation of the conflict in Ukraine. Further, he asked whether Washington, D.C., which assumes the mantle of the protector of Ukrainian children, will hold a similar Council meeting on the children of Gaza, more than 17,000 of whom have died.
"Make no mistake: Russian officials and Russian forces have committed war crimes and crimes against humanity," declared the delegate of the United States, Council President for December, speaking in her national capacity. Recounting the stories of Ukrainian children who have been displaced and forcibly deported or "whose lives were cut tragically short", she said: "If the Kremlin achieves its war and changes Ukraine's borders by force or ends Ukraine's existence as a sovereign and independent country, Russia will continue its siege elsewhere and more people, more children, will suffer." "We must not allow that to happen," she said, affirming her country's unwavering support for Ukraine and continued call on the Russian Federation to return all Ukrainian children to their homes.
"This is not a humanitarian evacuation," concurred the United Kingdom's representative, adding: "This is a systematic erasure of Ukrainian culture, with significant obstacles put in place to prevent Ukrainian children being reunited with their families." She called on the Russian Federation "to cease these deportations immediately and return all Ukrainian children home", as well as cease its attacks on civilian infrastructure, "in short, to stop destroying childhood for Ukrainian children", a point also made by Sierra Leone's delegate.
Switzerland's delegate, stressing that "many parents do not know where their children are or how to contact them", underscored that deportations and illegal transfers constitute serious violations of the fourth Geneva Convention and war crimes. Recalling the arrest warrants issued by the International Criminal Court in that regard, she reiterated her country's support for the Court and underscored that the independence of this judicial institution must be respected, a view also echoed by Malta's representative.
France's delegate was among several speakers highlighting his country's support to Ukraine, stating that €1 million of its contribution to UNICEF for 2024 will be used to rebuild and operate two Child Rights Protection Centres in Kharkiv and Dnipro. He also noted his country's efforts to host Ukrainian children and ensure their access to education and health care, a point also echoed by Poland's delegate, who said that Ukrainian refugee children "attend Polish schools where they can continue education in the Ukrainian language and enjoy the same social and health benefits as Polish citizens".
Similarly, Japan's representative said his country has partnered with UNICEF to support the continued learning of children, including those in front-line areas. In 2024 alone, it has contributed $7.95 million to UNICEF and $14.6 million to the United Nations Education, Scientific and Cultural Organization (UNESCO) for multisectoral support targeting conflict-affected children, women and communities in Ukraine.
Several delegates underscored the need for accountability, including those from Canada, Slovenia and Latvia - who also spoke for Estonia and Lithuania - with the latter calling on all partners to join the International Coalition of States for the Return of Deported Ukrainian Children, and stressing: "The international community must make every effort to demand accountability from Russia and its accomplices."
For his part, the Republic of Korea's representative stressed that the Russian Federation, as a permanent Council member, must cooperate with the Office of the Special Representative of the Secretary-General for Children and Armed Conflict, including by developing a joint action plan to end and prevent grave violations against children, and demonstrate tangible progress to avoid being relisted in future reports - an appeal also made by the representative of European Union, who joined others in condemning the Russian Federation's attempted re-education and indoctrination efforts.
Meanwhile, several delegates called on the parties to engage in dialogue and work towards lasting peace, including those from Mozambique, Algeria and Ecuador, with the latter urging the Russian Federation to withdraw its troops from Ukrainian territory. China's delegate, similarly, called on the international community to achieve a ceasefire and cessation of hostilities, and to provide support and create the conditions for peace talks to happen.
Guyana's representative was among a smattering of speakers urging Moscow to provide the United Nations access to the temporarily controlled or occupied territories of Ukraine, enabling the verification of allegations of grave violations against children in those areas.
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